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How To Build A Solid Wrongful Death Claim

Posted by Bautista Leroy | Nov 24, 2023 | 0 Comments

build a solid wrongful death claim

Bautista LeRoy LLC is prepared to guide you in building a solid wrongful death claim. You might have questions about its process and what evidence should be presented to make a strong case. Our legal team offers expertise and dedication in supporting clients all throughout the legal proceedings.  We have been serving clients throughout Southern Illinois and the greater St. Louis area. Our attorneys are focused on representing clients in medical malpractice, nursing home abuse, personal injury, sexual abuse/assault and railroad crossing litigation.

In this article, we will discuss how a defense attorney tries to weaken your case, what evidence can prove a wrongful death and the damages a family may pursue.

 

What Does A Defense Attorney Do To Discredit Wrongful Death Claims?

The goal of a defense attorney is to eliminate liability for their clients, or at least minimize it. They have many strategies to weaken your case and protect their clients. This can be truly frustrating for families whose loved ones have passed away due to the actions of the other party.  Understanding their defense approaches can help your case:

  • Questioning the cause of death
  • Challenging the credibility of witnesses
  • Attacking the reliability of evidence
  • Minimizing damages
  • Shifting responsibility

 

What Evidence Do You Need When Filing A Wrongful Death Claim?

In building a strong claim, you need to present reliable evidence that can connect the death of someone to others' negligence or intentional acts. If you have a solid foundation of proofs, the other party's defense could not undermine your case. Important evidence  includes:

  • Medical records
  • Accident reports
  • Photographs or videos
  • Witness statements
  • Financial documents
  • Proof of relationship
  • Communication records

 

What Types Of Damages Can Be Recovered In A Wrongful Death Claim?

The families of the deceased can pursue a wrongful death claim, allowing them to recover losses such as medical expenses. However, they can obtain more than that depending on some factors. Usually, the damages have two types: economic and non-economic.

  • Medical bills 
  • Funeral and burial expenses
  • Loss of financial support
  • Loss of future income
  • Loss of companionship
  • Emotional pain

 

Why Hiring A Wrongful Death Attorney Is Beneficial?

You can represent a wrongful death claim alone, but it is not advisable. The process of this case is very challenging to handle without the help of a legal professional. You might get overwhelmed by the defense of the other party and might miss some details that only an attorney can understand. A  wrongful death attorney can assist you by:

  • Investigative resources 
  • Guidance on legal deadlines
  • Negotiation skills 
  • Experience with insurer tactics
  • Courtroom representation

 

When Is The Right Time To Hire An Attorney?

You will need to consult a wrongful death attorney as soon as possible, so that they can prepare your case early and not miss legal deadlines. Wrongful death cases require immediate preservation of evidence and witness statements and if you fail to take action early, some of this might become unreliable as time goes by. Hire an attorney if the following situations apply to you:

  • Uncertainty about the incident
  • Unsure who is responsible
  • Damages are significant
  • Overwhelmed by paperwork

 

What Are The Criteria For Finding A Good Attorney?

Hiring the right attorney can add an advantage to strengthen your case. That is why, when you are considering one, you need to choose wisely, as it can affect the entirety of your claim. Look into these criteria before hiring an attorney:

  • Experience in wrongful death 
  • Clear communication
  • A proven track record 
  • Compassionate representation 
  • Transparency

 

Why Choose Bautista LeRoy LLC?

The legal team of Bautista Leroy LLC serves clients with commitment combined with personalized attention to make sure our clients feel heard and supported throughout the legal process with us. We understand the grief and the weight of the aftermath of a loved one's death, which is why we guide our clients compassionately and strive to get them the justice they deserve.

Our attorneys can work with other specialists to ensure the pieces of evidence presented are strong enough to win your case. We place great importance on transparency and communication while eagerly advocating for maximum compensation. 

 

Suggested Action Steps

Take immediate and organized steps to achieve success in your wrongful death case and counter the defense of the other party.

  • Gather documents
  • Record important dates
  • Identify potential witnesses
  • Keep medical and financial records
  • Contact an attorney
  • Track damages carefully

With a capable legal team on your side and a thorough preparation of your case, justice is achievable. Hiring an attorney specializing in wrongful death cases and having knowledge of its applicable law, you will gain more confidence that you will bring your loved ones the fair verdict they deserve. Contact us today at 833-381-6589 or send us an email on our Contact Page. Serving St. Louis and the surrounding areas of Boone County and Benton County.

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